Terms and Conditions Heavenly Garden

Identity of Heavenly Garden

Entrepreneur name: Heavenly Garden

Trading under the name: Heavenly Garden

Business address: Waterhof 12, 2102LC HEEMSTEDE

E-mail address; sales@heavenlygarden.nl

Chamber of Commerce number: 85531804

VAT identification number: NL004109822B06

www.heavenlygarden.nl 

Article 1 - Definitions

In these terms and conditions:

1. Reflection period: the period within which the Customer can make use of his right of withdrawal.

2. Customer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Heavenly Garden.

3. Day: calendar day.

4. Platform: The (digital) environment on which the product is offered.

5. Right of withdrawal: the option for the Customer to waive the distance contract within the cooling-off period.

6. Model form: the model form for withdrawal that Heavenly Garden makes available that a Customer can fill in when he wants to make use of his right of withdrawal.

7. Heavenly Garden: This means Heavenly Garden VOF, registered with Chamber of Commerce number 81490283, which offers products to Customers remotely via the platform.

8. Customer: A natural or legal person acting as an end user who purchases a product via the Platform.

9. Purchase Agreement: The agreement that is concluded between Heavenly Garden and a Customer via a Platform.

10. General Terms and Conditions: the present General Terms and Conditions of Heavenly Garden.

Article 2 - Applicability

1. These general terms and conditions apply to every offer from Heavenly Garden and to every Purchase Agreement concluded between the entrepreneur and the Customer.

2. Every Customer who places an order for a product offered by Heavenly Garden on the Platform accepts the applicability of these General Terms and Conditions.

3. The provisions of these General Terms and Conditions may only be deviated from in writing, in which case the other provisions will remain in full force.

3. When entering into a Purchase Agreement, the Customer declares to have taken note of the General Terms and Conditions. These are published by Heavenly Garden on the Platform or on its own website www.heavenlygarden.nl

4. These General Terms and Conditions apply to both buyers who qualify as Customers and buyers who qualify as business buyers, but not resellers.

5. If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the Purchase Agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be immediately replaced in mutual consultation by a provision that approached the purport of the original as much as possible.

6. Situations not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.

7. Uncertainties about the explanation or content of one or more provisions of our General Terms and Conditions must be explained 'in the spirit' of these General Terms and Conditions.

Article 3 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

2. The offer is without obligation. Heavenly Garden is entitled to change and adjust the offer.

3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Customer. If images are used in the offer, these are a true representation of the products offered. Heavenly Garden cannot guarantee that the displayed colors exactly match the real colors of the products. Obvious mistakes or obvious errors in the offer do not bind Heavenly Garden.

4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

6. Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

- the price including taxes

- any shipping costs

- whether or not the right of withdrawal applies

- the method of payment, delivery and performance of the agreement

- the way in which the Customer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it

Article 4 - The agreement

1. Subject to the provisions of paragraph 3, the agreement is concluded at the time of acceptance by the Customer of the offer and compliance with the associated conditions.

2. If the Customer has accepted the offer electronically, Heavenly Garden will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Heavenly Garden, the Customer can dissolve the agreement.

3. Heavenly Garden can - within legal frameworks - inform itself whether the Customer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Heavenly Garden has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

4. Heavenly Garden will send the following information to the Customer with the product or service, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:

a. The way in which the Customer can go to Heavenly Garden with complaints.

b. The conditions under which and the manner in which the Customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

c. The information about warranties and existing after-sales service.

5. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 5 - Right of withdrawal and return policy

1. When purchasing products, the Customer has the option of dissolving the agreement without giving reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the Customer or a representative designated in advance by the Customer and announced to Heavenly Garden.

2. During the cooling-off period, the Customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Heavenly Garden, in accordance with the reasonable and clear instructions provided by Heavenly Garden.

3. If the Customer wishes to make use of his right of withdrawal, he is obliged to make this known to Heavenly Garden within 14 days after receipt of the product. The Customer must make this known by means of the model form. After the Customer has indicated that he wishes to make use of his right of withdrawal, the Customer must make the product available for return within 14 days.

4. If the customer has not made it known after the expiry of the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, the purchase is a fact.

Article 6 - Costs in case of withdrawal

1. If the Customer makes use of his right of withdrawal, the costs of return will be borne at most. Since Heavenly Garden processes returns in-house, an amount of € 50 will be charged to the Customer for this, unless agreed otherwise.

2. If the Customer has paid an amount, Heavenly Garden will refund this amount as soon as possible, but no later than 14 days after cancellation. The costs for returns referred to in paragraph 1 will be deducted from the amount to be refunded.

Article 7 - Exclusion right of withdrawal

1. Heavenly Garden can exclude the Customer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Heavenly Garden has clearly stated this in the offer, at least in time for the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

a. Created by Heavenly Garden in accordance with the Customer's specifications.

b. Which are clearly personal in nature.

c. Which by their nature cannot be returned.

Article 8 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

3. Price increases from 3 months after the conclusion of the agreement are only permitted if Heavenly Garden has stipulated this and:

a. These are the result of legal regulations or provisions; or

b. The Customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

4. The prices stated in the offer of products or services include VAT.

5. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Heavenly Garden is not obliged to deliver the product according to the incorrect price.

Article 9 - Conformity and Warranty

1. Heavenly Garden guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and/or government regulations.

2. A warranty provided by Heavenly Garden, manufacturer or importer does not affect the legal rights and claims that the Customer can assert against Heavenly Garden under the agreement.

3. Any defects or incorrectly delivered products must be reported to Heavenly Garden in writing within 4 weeks after delivery, after which Heavenly Garden will provide clear instructions about the method of the return process. Products must be returned in their original packaging and in new condition. Until the moment of return, the Customer will handle the product with care.

4. Heavenly Garden's guarantee period is 12 months from the moment of delivery. However, Heavenly Garden is never responsible for the ultimate suitability of the products for each individual application by the Customer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

- The Customer has repaired and/or modified the delivered products itself or had them repaired and/or modified by third parties;

- The delivered products have been exposed to abnormal conditions or are otherwise carelessly treated or are contrary to Heavenly Garden's instructions and/or have been treated on the packaging; - The defect is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.

6. Changes to the product arising from the nature of the material of the product, such as due to weather influences, are excluded from the warranty.

Article 10 - Delivery and execution

1. Heavenly Garden will take the greatest possible care when receiving and executing orders for products.

2. The place of delivery is the address that the Customer has made known to the company.

3. With due observance of what is stated in paragraph 4 of this article, Heavenly Garden will execute accepted orders expeditiously but no later than 30 days, unless the Customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified of this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the agreement free of charge. The Customer is not entitled to compensation.

4. All delivery times are indicative. The Customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Customer to compensation.

5. In the event of dissolution in accordance with paragraph 3 of this article, Heavenly Garden will refund the amount paid by the Customer as soon as possible, but no later than 14 days after dissolution.

6. If delivery of an ordered product proves to be impossible, Heavenly Garden will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of Heavenly Garden.

7. The risk of damage and/or loss of products rests with Heavenly Garden until the moment of delivery to the Customer or a pre-designated representative announced to Heavenly Garden, unless expressly agreed otherwise.

Article 11 - Payment

1. The Purchase Agreement entered into via the Platform must be paid for delivery to Heavenly Garden via the options provided by the Platform.

2. If the Purchase Agreement takes place in a manner other than via the Platform, the Customer and Heavenly Garden must mutually agree and record an agreement regarding payment.

3. The Customer has the obligation to immediately report inaccuracies in payment details provided or stated to Heavenly Garden.

4. In the event of non-payment by the Customer, Heavenly Garden has the right, subject to legal restrictions, to charge the reasonable costs made known to the Customer in advance.

Article 12 - Complaints procedure

1. Complaints about the implementation of the Purchase Agreement must be submitted fully and clearly described to Heavenly Garden within 7 days, after the Customer has discovered the defects.

2. Complaints submitted to Heavenly Garden will be answered within a period of 14 days after the date of receipt. If a complaint requires a foreseeable longer processing time, Heavenly Garden will respond within the period of 14 days with a notice of receipt and an indication when the Customer can expect a more detailed answer.

4. The Customer must cooperate in resolving complaints and make itself available to provide additional information that is required.

5. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

6. A complaint does not suspend Heavenly Garden's obligations, unless it indicates otherwise in writing.

7. If a complaint is found to be justified by Heavenly Garden, Heavenly Garden will, at its option, replace or repair the delivered products free of charge.

Article 13 - Disputes

1. Only Dutch law applies to purchase agreements between Heavenly Garden and the Customer to which these General Terms and Conditions apply. Even if the Customer lives abroad.

Article 14 - Additional or deviating provisions

Additional or deviating provisions from these General Terms and Conditions may not be to the detriment of the Customer and must be laid down in writing or communicated to the Customer in writing.